Kerala High Court
Shahanas Mon A vs State Of Kerala on 17 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:77221
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 34069 OF 2024
PETITIONER/S:
SHAHANAS MON A
AGED 34 YEARS
S/O ABDUL RASAK, THEKKUMMURI, KAKKAZHOM,
AMBALAPPUZHA P.O, ALAPPUZHA, PIN - 688005.
BY ADVS.
BINU BABUKUTTAN
VIDHU M.UNNITHAN
HARI SANKAR V.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
OF HOME AFFAIRS, GOVERNMENT SECRATRAITE ,
THIRUVANANTHAPURAM,, PIN - 695001.
2 THE DISTRICT POLICE CHEIF
THE OFFICE OF DISTRICT POLICE CHIEF, CIVIL STATION
WARD, ALAPPUZHA, KERALA, PIN - 688012.
3 STATION HOUSE OFFICER
99M3+3HH,AMBALAPPUZHA POLICE STATION, AMBALAPPUZHA P.O,
ALAPPUZHA., PIN - 688561.
*ADDL R4 PUBLIC RELATIONS OFFICER, TD MEDICAL COLLEGE, VANDANAM,
ALAPPUZHA DISTRICT - 688005.
*IMPLEADED AS PER ORDER DATED 17.10.2024 IN I.A. NO.1
OF 2024.
2024:KER:77221
WP(C) NO. 34069 OF 2024 2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 34069 OF 2024 3
JUDGMENT
The petitioner is aggrieved by Ext.P5 document by
which his application for issuance of NIOC stands rejected. The
reason for rejection, as discernible from Ext.P5, is the
petitioner's involvement in two crimes.
2. The learned counsel for the petitioner submits that
his client's continuance in service depends on production of the
NIOC.
3. The learned Government Pleader submits that, since
the applicant is an accused in two crimes, NIOC cannot be
issued.
4. As rightly submitted by the learned Government
Pleader, Non Involvement in Offences Certificate (NIOC) cannot
be issued to a person involved in a crime. Therefore, the
option available for the petitioner is to make a request for
issuing a statement containing the details of the crimes pending
2024:KER:77221
against him and to submit it before the employer, with a
request to accept the same.
The writ petition is accordingly disposed of, permitting
the petitioner to submit an application seeking details of the
crimes pending against him, and directing the 2 nd respondent to
consider the application and do the needful within two weeks
of its submission.
Sd/-
V.G.ARUN
JUDGE
Sru
2024:KER:77221
APPENDIX OF WP(C) 34069/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE INVITATION NOTICE OF MEETING DATED
25.12.2019 IS MARKED AND PRODUCED HEREIN AS
EXHIBIT P1.
Exhibit P2 TRUE COPY OF THE FIR IN CRIME NO: 320/2023
HAS BEEN PRODUCED AND MARKED HEREIN AS
EXHIBIT P2.
Exhibit P3 TRUE COPY OF THE APPLICATION FORM HAS BEEN
PRODUCED AND MARKED HEREWITH AS EXHIBIT P3
Exhibit P4 THE RECEIPT OF THE APPLICATION FORM DATED
14/03/2024 HAS BEEN PRODUCED AND MARKED
HEREIN AS EXHIBIT P4
Exhibit P5 THE TRUE COPY OF THE SAID REJECTION NOTICE
DATED ON 14.03.2024 BY THE 3RD RESPONDENT HAS
BEEN PRODUCED AND MARKED HEREIN AS EXHIBIT P5
Exhibit P6 THE TRUE COPY OF THE JUDGEMENT IN CRL.MC NO.
905 OF 2024 DATED ON 6TH DAY OF MARCH 2024 IS
BEEN PRODUCED AND MARKED HEREIN AS EXHIBIT
P6.
Exhibit P7 THE TRUE COPY OF THE JUDGEMENT IN WP(CRL.)
NO. 625 OF 2024 DATED ON 18TH DAY OF JULY
2024 IS BEEN PRODUCED AND MARKED HEREIN AS
EXHIBIT P7.
RESPONDENTS EXHIBITS : NIL
